Google AI


Modern Australian

Over-the-top policing of bike helmet laws targets vulnerable riders

  • Written by: Julia Quilter, Associate Professor of Law, University of Wollongong
Over-the-top policing of bike helmet laws targets vulnerable riders

Cycling is often held up as a model of healthy and sustainable urban transport. So why have bike laws become more, not less, draconian? Our ongoing research shows mandatory helmet laws have become a tool of disproportionate penalties and aggressive policing.

Along with an up-surge in enforcement, fines have increased massively. And some police are using bike helmet laws to expand their powers to stop and search riders. The impacts on already disadvantaged groups – particularly young, poor and Aboriginal people – are profound and troubling.

Australia was the first country in the world to introduce bike helmet laws: Victoria in 1990, with other jurisdictions following. Like compulsory seat belt laws and random breath testing in the 1970s and ’80s, helmet laws were seen as part of gold-standard commitments to safety, backed by public education campaigns.

Read more: Helmet churn adds to challenges of e-scooter disruption

In New South Wales today, though, we see a brazen exercise in revenue-gouging.

How do penalties compare to other offences?

Riding without a helmet is one of many bike-related on-the-spot fines under the NSW Road Rules 2014, but it’s the one most commonly issued by police.

The offence once carried a small fine of A$73. In 2016, ostensibly as part of a package of cyclist safety measures (including making it an offence for a vehicle driver to fail to pass a cyclist at a safe distance), the fine was hiked to A$325 – a 445% overnight increase.

Penalties are indexed annually: the fine is now a whopping A$344. It’s wildly out of kilter with other states and territories: from A$25 in the NT to A$207 in Victoria.

The fine is also out of step with penalties for other, more serious offences. In NSW, only when car drivers exceed the speed limit by more than 20km/h does the fine exceed the A$344 for failing to wear a helmet.

A person who drives in a dedicated bicycle lane faces a A$191 penalty. A cyclist will be slugged almost twice as much for riding in that same lane without a helmet.

Riding a bike without a helmet is minor offending, but it has become a terrific little earner for the NSW government. From 2016-2019, 17,560 penalty notices worth almost A$6 million were issued to cyclists. Over the same period only 95 fines were handed out to drivers for unsafe passing.

Read more: Three Charts on the rise in cycling injuries and deaths in Australia

Cars are a much greater risk to bikes than bikes to cars. Cyclists might reasonably wonder whose welfare is being prioritised.

An excuse to stop and search

Much has been said recently about police use of discretionary powers like “strip searches”. Our ongoing research, yet to be published, also raises serious questions about how police use bike helmet laws.

Read more: Unlawful strip searches are on the rise in NSW and police aren’t being held accountable

We have found enormous geographical disparities in the number of penalty notices issued in NSW for this offence. In 2018-19, nearly half of all the fines were issued in 12 of the 117 local government areas (LGAs). One of the poorest LGAs, Blacktown, accounts for 12% of the total.

Local helmet-wearing behaviours could explain some of the disparity. However, the stories we are hearing from lawyers around the state suggest something much more troubling is at play.

Our interviews reveal the helmet laws are being used for purposes unrelated to safety. These include gathering intelligence about offences and suspects, justifying searches and harassing targeted individuals – particularly young Aboriginal people. Sometimes this involves multiple penalty notices for failing to wear a helmet, including where a child rides both to and from school on the same day.

Enforcement of this kind is likely to lead to resentment and resistance. This can escalate, sometimes leading to confrontations that can result in further offences like resist arrest or assault police, offensive language and goods in custody.

If the real objective is cyclist safety, surely a less punitive and more educative approach would be better. Police procedures should require officers to issue cautions rather than penalty notices for initial breaches. And stopping a person for not wearing a helmet is not justification for questioning or searching unless there are reasonable grounds for suspecting an offence (other than not wearing a helmet) has been committed.

Excessive fines create other problems

Even if things don’t escalate, many cyclists will walk away from a police encounter (they can’t ride away or they risk another fine!) with a debt they can’t afford.

For people who enjoy financial security, a fine is just like another household bill. But more than 12% of Australian households don’t have A$500 in savings for an emergency. For them, a A$344 fine is a major burden.

Read more: Stark divide between young and old as Australian household incomes and wealth stall

Our research suggests many fined for not wearing a helmet are already living in debt traps – permanently living with and trying to pay off debt. Driver licence suspension is a key component of unpaid fine recovery processes in Australia. This means the flow-on effects of (often multiple) bike helmet fines may include secondary offending where a person is caught driving without a licence. And that can land them in serious legal trouble.

Young people are especially vulnerable to overzealous helmet law enforcement. They are fined the same as adults – youth diversion options are not available for penalty notice offences. Debt at a young age can be crippling, seriously hampering job opportunities.

The penalty for riding without a helmet is now ludicrously excessive. Proportionality between penalty and offence has been lost.

The goal is meant to be harm reduction. Piling on the fines does more harm than good.

Authors: Julia Quilter, Associate Professor of Law, University of Wollongong

Read more http://theconversation.com/over-the-top-policing-of-bike-helmet-laws-targets-vulnerable-riders-125228

Downsizing or Upgrading Your Caravan? Here's How to Sell It Without the Hassle

Selling a caravan can feel like a major task, especially when you are unsure about its value, paperwork, or how to find a buyer. Whether you are dow...

The Best Overseas Adventure Holidays for Australians Who Love the Outdoors

Australia offers no shortage of incredible outdoor experiences, but sometimes the best way to satisfy your sense of adventure is to head overseas. A...

Cape Town Wine Shuttle: Winelands Tasting & Tours

Embark on an unforgettable journey through the picturesque Cape Winelands, where world-class wines and breathtaking scenery await. Our Cape Town Win...

Why Giant Rats Tail Grass Keeps Coming Back After Spraying

Giant Rats Tail Grass (GRT) is one of the most frustrating pasture weeds for farmers and lifestyle property owners. You spray an infested area, see th...

When Custom Cardboard Boxes Make Sense for Your Business

Custom cardboard boxes can be useful when a standard carton does not fit a product, packing method or presentation requirement particularly well. A ...

Virtual Livestock Fencing and GPS Tracking: Improving Visibility Across Cattle Properties

What Virtual Livestock Fencing Means for Modern Cattle Management Managing cattle across extensive properties requires more than knowing where anim...

Sydney Pawnbrokers Explained: How Hocking Your Car Actually Works

Sometimes you need cash, and you need it soon. If you own a car, you may already have a way to get it. That's what people mean when they say they've...

Moving Interstate from the Gold Coast to Brisbane (or Back)? What Removalists Wish You Knew First

Have you talked to anyone who’s done the move? They say the same thing: the drive up the M1 is the easy part. It's everything around it that catches...

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...